ZONING VARIANCE
APPLICATION FORM AND NOTICE OF REQUIREMENTS
Variance
A variance is a relaxation of a dimensional standard in land use regulations (e.g., setbacks, lot area, height, etc.) Variances are decided by the 3 member Board of Adjustment, which is appointed by the County Board Chair with approval of the County Board of Supervisors. Its decisions must comply with specific criteria provided in state laws. The Board of Adjustment must apply county ordinance provisions as they are written. Its job is to apply appropriate legal standards to a specific fact situation.
Process
At the time of application you will be asked to:
1) Complete an application form and submit a $400 fee;
2) Provide detailed plans describing your lot and project (location, dimensions and materials);
3) Provide a written statement showing that your project meets the legal criteria for a variance as outlined below (Three Step Test); and
4) Stake out lot lines, proposed building footprint and all other features of your property related to your request so that the Board may inspect the site.
Following these steps, the Zoning Office will publish notice of your request for a variance in the County’s official newspaper noting the location and time of the required public hearing. The burden will be on you as property owner to provide verifiable facts upon which the Board may base its decision. At the hearing, any party may appear in person or be represented by agent or attorney. If any of these requirements are not met or if you or your agent do not appear at the public hearing, the Board must deny your request for a variance and your fee will be forfeit.
Three Step Test
To qualify for a variance, you must meet all three requirements of a three-step test:
1) Unnecessary Hardship
Strict application of an ordinance requirement (dimensional standard) will result in unnecessary hardship. Wisconsin case law describes hardship as being present where, in the absence of a variance, no reasonable use can be made of the property. If a parcel as a whole (but not necessarily each portion of the parcel) provides some reasonable use for its owner, then the test is not met and a variance cannot be granted. An applicant may not claim hardship because of conditions that are self-imposed (for example, splitting a lot to create two substandard lots and then claiming hardship). Courts have also determined that loss of profit or financial hardship do not, by themselves, justify a variance. Decks and similar minor accessory structures are not essential to the reasonable use of property and are not eligible for variances.
2) Unique Property Limitation
The hardship is due to unique physical limitations of the property; i.e. compliance with the ordinance is prevented by limitations of the property (steep slopes, wetlands, etc.) which are not generally shared by other properties. The circumstances of an applicant (growing family, need for a larger garage, etc.) are not a factor in deciding variances. Nearby ordinance violations and prior variances do not provide a basis for granting a variance. You will be asked to demonstrate that alternative project designs or locations on the parcel that comply with ordinance requirements are not feasible.
3) Protection of the Public Interest
A variance may not be granted which results in harm to public interests. In applying this test, the Board must consider the public interest factors listed as objectives in the purpose statement of the ordinance, Section 47-2 “ Purpose. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of this County, and to limit structures to those areas where soil and geological conditions will provide a safe foundation and prevent and control water pollution.”
If You Qualify for a Variance
-The Board may grant only the minimum variance that preserves a reasonable use of a parcel for its owner.
-It may impose conditions on project design, construction activities or operation of a facility to assure that public interests are protected.
-A variance decision may be appealed to circuit court by an aggrieved party within 30 days of filing of the decision in the office of the board. For this reason you may choose to delay construction on your project until after the appeal period has expired in order to minimize the risk that the court may overturn the Board decision and void your variance.
-Because a property rather than its owner may qualify for a variance (unique property limitations test), a variance transfers to subsequent property owners.